MatcomNews Update: Teen JAILED For Burning American Flag

[matcom]

<snip>

MARYVILLE, Tenn. -- A teenager was jailed for nine days after being accused of burning an American flag on the Fourth of July, and he faces trial next month.

While the case could test a state statute against flag burning -- an act the U.S. Supreme Court says is protected under the First Amendment -- prosecutors said Andrew Elisha Staley has yet to argue that he was exercising free speech rights.

"Bottom line is, the kid got drunk," said Lisa Lee, his mother. "He's never been in trouble before."

Staley, 18, is accused of taking the flag from a residence and setting it on fire. His father said the teenager "has no reason for anger against the United States" and could easily have ignited a garbage can instead of a flag.

"He was brought up in church, and he knows right from wrong," Doc Staley said.

Doc Staley said his son has been "floundering around" since dropping out of high school. "This is where the drinking came in. And he's not very good at it," the father said.

The teenager was released from jail Thursday on his own recognizance while he awaits his Aug. 2 trial on charges of desecrating a venerated object, underage drinking, littering, evading arrest, burning personal property and theft.

The Tennessee flag-burning statute makes the crime a misdemeanor, punishable by less than a year in jail and up to $2,500 fine.

http://www.wftv.com/irresistible/4728893/detail.html

[madeline_con]

1. This is almost like the post

about this incident last time it was brought up, except this time, in addition to what Dad said, the kid was drunk!

The plot thickens...

[ET Awful]

2. Well, drop the "desecrating a venerated object" charge, and the kid

still needs to be prosecuted for quite a few charges. Stealing someone elses property to burn it is an entirely different matter than burning a flag as a political statement.

If he were to argue that it was on the basis of free speech, the law could be challenged, but I'm not sure I'd want the challenge to the law to come from a drunk teenager that was just being drunk and rowdy. I'd rather it come from someone who could legitimately claim it was a freedom of speech issue instead of an "I was drunk and I'm trying to find a way out" issue.

[hlthe2b]

3. NO, he was jailed for stealing & destroying private property....

The damned flag-burning statute should not even come into play. I call BUllSHIT. Someone just wants to make a political play with the community in invoking these irrelavent charges.

[matcom]

4. yup

nail him for the theft. BUT....

IF they charge and CONVICT him for THIS, he can appeal to the SCOTUS and at THAT point, I would have to back the little thief

[intrepid_wanderer]

5. same here

He's a little stealing punk (OK, he might be huge, but I like the dominative use of little here)...

... and he could use some application of consequences in his life since the all curing 'church-upbringing' seems to have miraculously failed!!

:bounce: :bounce: :bounce: but in the SCOUTS, he's a winner :bounce: :bounce: :bounce:

[Jara sang]

6. Wow! If this goes all the way to the U.S. Supreme Court

I can say I saw it here first. At... MATCOMnews